As the Internet becomes one of the necessities of the modern world, people are able to publish or expose their own opinions to the public more easily than before. Although people are free to write any words that they want to express, there are many responsibilities that come with producing commentary. A spelling error can bring a problem as big as a hurricane's formation. Is it desirable to translate all of our thoughts and opinions into words and publish for public consumption?
What is the Relationship between freedom of speech and the Publication Process?
The 21st Amendment of the Constitution
(1) All citizens shall enjoy freedom of speech and the press, and freedom of assembly and association.
(2) Licensing or censorship of speech and the press, and licensing of assembly and association shall not be recognized.
(3) The standards of news service and broadcast facilities and matters necessary to ensure the functions of newspapers shall be determined by law.
(4) Neither speech nor the press shall violate the honor or rights of other persons nor undermine public morals or social ethics, Should speech or the press violate the honor or rights of other persons, claims may be made for the damage resulting therefrom
According to the Constitution of the Republic of Korea, all Koreans' freedom of speech and publication is protected. But the problem is that the boundary of the freedom is vague. Freedom of speech and publication is a free mental activity of announcing one's inwardly mental operations. Here, the idea of freedom is closely related to political debate and the concept of democracy. Under a democratic government, the political decisions are ultimately made by citizens.Alexander Meiklejohn asserted that for the democratic system to work an informed electorate is necessary. For constituencies to be appropriately knowledgeable in making decisions there must be no obstacles on the free flow of information and ideas. It is not safe to say a nation is democratic if those who are in power manage the electorate through censorship. Manipulating the free press negates the meaning of democratic ideals.
Restricted Freedom of Speech
In May, Frank La Rue, U.N. special reporter for freedom of opinion and expression, reported that inSouth Korea, since the candlelight demonstration in 2008, there have been increased restrictions on individual's rights for freedom of speech. This is primarily due to the increasing number of prosecutions, based on levies that are ofter not in conformity with international standards of individuals who express views who are not in agreement with the position of the government. The current Korean government prosecutes individuals for dissenting comments, which limits personal opinion and violates freedom of speech. Here are some recent cases. [Source : http://www.koreaherald.com]
Case 1 : Socialtainer
Ex-anchor Shin Kyung-minSince March 2008, Shin has been famous for his critical remarks at the end of news shows. His comments not only targeted Lee Myung-bak's administration, but also the liberals.
Veteran Comedian and Radio DJ, Kim Mi-hwa
She hosted the popular MBC radio show <The World and Us>. This program has been ousted. However, it was later retained when public anger arose. Her narration of a KBS documentary program was rejected in April. She is reportedly on a KBS blacklist.
Rocker Yoon Do-hyun
Earlier, in March 2010, the scheduled appearance of the Yoon Do-hyun Band on KBS was cancelled. KBS's decision lacked a clear-cut and immediate reason, leading to suspicions that the lead singer Yoon's outspoken liberal campaigns may have been the reason for the cancellation. Yoon has been at the vanguard of various anti-government rallies; including the anti-U.S. beef protest last year and a one-man protest against a dispatch of troops to Iraq in 2003.
Actress Kim Yoh-jin
On June 15, she was summoned by the police for questioning her participation in a sit-in protest in support of labor union members at Hanjin Heavy Industries and Construction's shipyard. She makes a dissenting voice against current administration.
Case 2 : The Minerva case
Minerva has successfully predicted major event in the Korean economy. He was quick provide solutions for both the government and households. Despite his warnings, the Korean government's eco-nomic policies remained controversial; with Minerva becoming one of the most influential critics of the government's policies. As such, Minerva became known as the Internet Economic President." Our of his famous predictions was this: the collapse of Lehman Brothers and its potential consequences, and the sharp decline of the South Korea Won against the U.S. dollar at specified time points.
Case 3 : G20 and the Wall Painting
Case 4 : Censorship Revived
The Ministry of Gender Equality and Family Affairs planned to revise censorship criteria which had been denounced as outdated and rigid. SM Entertainment, the largest showbiz agency in South Korea, filed a lawsuit in March against the ministry's decision to label one of its albums, "SM The Ballad," as harmful to the youth. SM claimed it was an infringement on creativity and expression on the grounds that liquor is not the main subject of the song. The Commission of Youth Protection, a ministry of Gender Equality and Family affiliate, argued that the phrases could provoke curiosity from the youth and lure them into early drinking. But, a Seoul court advised the government to cancel its decision to target the K-pop song in question.
A Violent Freedom
Freedom of speech should be guaranteed. But, excessive freedom often drives people to commit suicide. Freedom must entail responsibilities.
Case 1 : Choi Jin-sil
Korea's iconic actress Choi Jin-sil was found dead in her home in what appeared to be a suicide, according to Yonhap News Agency. This comes amid rumors that linked her to the recent death of another actor. Rumors have circulated on the Web that Choi had lent a large sum of money to Ahn Jae-hwan who was found inside his car in an apparent suicide. Ahn was reportedly in deepening debt due to a failing business. Ahn's financial troubles were seen as the chief factor leading up to his suicide. choi sought a police probe into the source of the groundless rumors. Police arrested a securities company employee this week on the allegation of spreading rumors that choi lent 2.5 billion won to Ahn.
Case 2 : Jang Chae-won
Transgender Jang Chae-won, a familiar face after appearing on a popular TV program, was found dead on her Seoul home in an apparent suicide, police said. The public and media had referred to Jang as the "next Harisu," a wellknown transgender singer and actress, The police found out that prior to her death, Jang had told a friend that she understood how Choi felt. Jang first made her media appearance as a male in female attire on a TV show in 2004. He reappeared in 2005 on the same show, this time following a gender change surgery. Due to her TV appearances, Jang had also suffered from negative comments from netizens for being transgender.
The aforementioned examples are focused on celebrities. They are quite vulnerable when their privacy is exposed. But ordinary people also suffer from negative comments on the Internet. Reckless and malignant comments make anyone stressed and uncomfortable. Freedom of speech should also come with an adherence to prudence and respect for the liberties of others.
Going beyond the Boundary
Case 1: Freedom and Liu Xiaobo1
Case 2: Wikileaks and julian Assange
There is a lor of unfiltered classified informationposted on this web pace. In April 2010, WikiLeaks published a video of the U.S. Apache helicopter Killing civilans including Iraqi journalists. Not only this, but also much more information actually delivered fatal blows to many governments and politicians.
Taking these two cases into consideration, we are confronted with the important issue of whether our freedom of speech and publication should surely be protected under the Constitution. The problems related to freedom of speech and publication are not confined to Korea
A Prudent Approach to Freedomof Speech
We need co distinguish liberty from license; which takes no responsibilities. However, as many people already know, there is a big gap between the two. As the Constitution protects one's freedom of speech and publication, one also has to be responsible on what they are doing, In addition, governments and organizations should allow individuals' freedom. By doing so, we can continue to build an ideal democratic society.
Source
1. http://ojsfile.ohmynews.com/MOV_T_IMG/2010/0119/ME000062333
2. http://spots.donga.com/Feed/EnterKisa/3/02/20100719/29973445/1
3. http://blogimg.ohmynews.com/attach/20414/1197365376.jpg
4. http://img.viewsnnews.com/article/2010/11/1611025394457400.jpg
5. http://ask.nate.com/qna/view.html?n=8938847
6. http://cfs2.tistiry.com/upload_control/download.blog.fhandle=ymxvZzY2MDgwQGZzMi50aX0b3J5
LmNvbTovYXROYWNoLzEvMTc5LmpwZw%3D%3D
By So Hae-jin CP Reporter so-hj@cnu.ac.kr
by Lee Da-young CP Reporter ekdud@cnu.ac,kr